Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20921 of 2021 Applicant :- Faizan @ Dhauwa Opposite Party :- State of U.P.
Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for applicant as well as learned A.G.A. for the State through video conferencing and perused the record.
This bail application has been filed by the accused-applicant Faizan @ Dhauwa, who is involved in Case Crime No.1111 of 2018, under Section 21/22 of N.D.P.S. Act, Police Station- Dehligate, District-Aligarh.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. Recovery of diazepam powder shown in the recovery memo is false and fabricated. It is further submitted that nothing has been recovered from the possession of the applicant and no case is made out against the applicant u/s 21/22 of N.D.P.S. Act. It has further been submitted that the applicant is languishing in jail since 09.12.2018 and undertakes that he will not misuse the liberty in case he is released on bail.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicant Faizan @ Dhauwa be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 24.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 14:51:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad